林地承包经营权抵押贷款的困境与出路——以环境保护为视角

Predicament and Outlet of the Mortgage of the Right to Contracted Management of Forest Land :Taking Environmental Protection as the Perspective

随着集体林权制度的改革和土地三权分置政策的进一步推进,囿于现行法律制度束缚的林地承包经营权存在法律规定不明确、抵押贷款推进困难和生态环境保护受到忽视等法律困境。在学理上,对于家庭承包方式的林地承包经营权能否抵押存在较大争议;在实践中,推进林地承包经营权抵押存在不少困难和风险隐患。通过从理论和实务2个角度对林地承包经营权抵押进行分析,为了使林地承包经营权抵押于法有据,更好地推进,需完善相关法律法规,推动新型林地抵押服务平台建设,落实发包方的林地生态监管职能,推进林地绿色经营。

With the reform of collective forest rights system and the further advancement of the land policy that division of three rights,the right of forest land contract and management which is restricted by the existing legal system has legal predicaments of the unclear legal provisions, the difficulties of mortgage promotion and the neglect of ecological environmental protection. In theory, there is a big controversy about the mortgage of the right of forest land contract and management. In practice, there are many difficulties and risks hidden in the promotion of forest land contract management right. In this paper, from the perspective of the theory and practice of two aspects of the right mortgage of forest land contract and management for the analysis, in order to make the right mortgage of forest land contract and management in accordance with the law. It is necessary to perfect the relevant laws and regulations, so that the mortgage of the right mortgage of forest land contract and management has evidence in law. To promote green management of forest land, it is necessary to promote the construction of the service platform of new forest land mortgaged and implement the contractor＇s function of ecological regulation of forest land.